Loading...
HomeMy WebLinkAboutLake Calavera Hills Associates; 1983-09-14;I a Lili UZ LIIAlr3DtlU I) Inter-Office Corres2ondence DATE: ?=-/4--%3 XESSAGE: REPLY: Date : Signature: a a August 30, 1983 City of Carlsbad Planning and Land Use Department 1200 Elm Avenue Carlsbad, CA. 92008 Attn: Daniel S. Hentschke, Esq. Assistant City Attorney Re: Planning Commission Resolution No. 2094 (Item 26) /CT 83-3/PUD-51 - Roy J. Ward Company ("Appf icant") Ladies and Gentlemen: Pursuant to the above-referenced Planning Commission Resolution, the Applicar?t hereby enters irito the following covenant to pay a share of ob1 igation. If reimbursement as described in Planning Corrmission Resolution No. 2094 is ordered, awarded or established, this Applicant, as the owner of property benefited by the road hereby covenants to pay its prcportion- ate share of any reimbursement ordered, awarded, or established as a result of these or other similar lawsuits seeking reimbursement for the develop- ment and acquisition of the subject Tamarack Avenue. The manner of determining the proportionate share of reimbursement and the timing of payment shall be in accordance with, or as determined by law or as agreed to by the parties. establishment of a reimbursement district. The Applicant wjll not oppose the ROY J. WARD co. REAL ESTATE INVESTMENT 0 3065 Madison St. Carlsbad, CA. 92008 0 (619) 7 , 0 0 1 AGREEMENT AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND LAKE CALAVERA HILLS ASSOCIATES REGARD- ING THE ACQUISITION OF CERTAIN EASEMENTS FOR STREET AND OTHER PURPOSES TO BE KNOWN AS THE TAMARACK AVENUE EXTENSION, PROVID- ING ACCESS TO CERTAIN SUBDIVISIONS LOCATED WITHIN THE LAKE CALAVERA HILLS MASTER PLAN AREA AND TO SERVE A SEWAGE TREATMENT AND RECLAMATION FACILITY. This Agreement is made this A'' date of ~L\AK Ll3 , 1980 by and between the City of Carlsbad, California, a municipal corporation (hereinafter called ''City") and Lake Calavera Hills Associates, a California Partnership (hereinafter called "Developer RECITALS: A. Developer is required as a condition of Resolution No. 5145 of the City Council of the City of Carlsbad, approving with conditions, Tentative Map (CT 76-12) to dedicate and provide certain improvements for the extension of Tamerack Avenue from El Camino Real to certain property known as Lake Calavera Hills. B. The acquisition and development of Tamerack Avenue extension as an off-site improvement for the Lake Calavera Hills area as defined in Master Plan 150-A, as approved by the City Council in Ordinance No. 9571, is essential to provide access to that area as well as to other surrounding areas, including a Sewagc T r ea tme n t and Re c 1 ama t ion Fa c i 1 i ty . C. It is necessary that Developer secure said easement and install improvements thereon and in accordance with specifica- tions of the City of Carlsbad. e 0 -. D. Certain portions of the Tamarack Avenue extension are necessary for Developer to meet conditions imposed by the Precise Development Plan for the development of a sewage treatment and reclamation facility and all necessary appurtenances as approved by Resolution No. 5871 of the City Council of the City of Carlsbad. E. Developer has been unable to acquire by a negotiated purchase the required easements for street and other purposes for the Tamarack Avenue extension. F. The City Council of the City of Carlsbad has by minute motion determined that it will lend whatever assistance it deems necessary including future exercise of its power of eminent domain to assist in the acquisition of the Tamarack Avenue e x t en s ion e asem en t . G. Following said action by the City Council, Developer again offered to acquire said easements for the full market value. NOW, THEREFORE, in consideration of the mutual covenants contained herein and of the recitals, it is mutually agreed by and between the parties as follows: 1. Developer agrees to retain outside counsel, Luce, Forward, Hamilton b Scripps, to prepare and file on behalf of the City all documents, pleadings and process necessary to acquire the required easements through an action in eminent domain. Said outside counsel will either be associated with the City Attorney in the eminent domain proceeding, or will independently pursue the eminent domain action on behalf of the City, as the City in its discretion determines. Further, Developer agrees not to replace Luce, Forward, Hamilton st Scripps without the City's consent, which will not be unreasonably withheld. -2- 0 e ., , 2. Developer agrees to pay directly all expenses, costs, fees, and charges, including attorneys' fees for Luce, Forward, Hamilton & Scripps incurred or charged in connection with both the preparation and prosecution of the eminent domain proceeding, and City shall assume no responsibility for said payments. Provided however, there shall be no charge for City staff time. 3. It is understood and agreed that even though the City is party plaintiff, it shall assume no financial responsibility in said condemnation action and that as further proceedings are required, outside counsel shall assume primary responsibility and direction of any condemnation actions subject to any necessary approvals of the City. The City agrees to cooperate and assist in commencing and prosecuting said condemnation action in an expedi- tious manner for the purpose of completing same as soon as reason- ably possible in accordance with applicable laws. 4. As required, Developer shall retain at its sole expense any appraiser, engineer or other expert witness, as mutually agreed upon by Developer and City, to provide any necessary appraisal, engineering or other information in a form suitable for use in con- nection with said condemnation proceedings. Said appraiser, engine and any other expert witness required shall be paid directly by Developer. City shall assume no responsibility for said payment. 5. Developer shall pay all amounts, plus interest, as required by the Court in payment for easements to be acquired. City shall assume no responsibility for said payments. 6. Developer hereby agrees to seek an order of immediate possession for the real property necessary for the Tamarack Avenue extension and related easements and comply with the legal -3- a e v .$a *p\ procedures necessary therefor, including deposit of funds or posting of security. 7. City retains the right to assume primary responsibility for the subject litigation at any time and to prosecute it to completion with all costs, including attorneys' fees, to be borne by the Developer. 8. It is understood that prior to the initiation of any condemnation proceedings, it will be necessary for the City in its sole discretion to adopt a resolution of necessity for the acquisi- tion of the property and to make the necessary findings as required by law. condition precedent to any obligation of the Developer herein. The adoption of a resolution of necessity shall be a IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. Dated: w lo 170 CITY OF CARLSBAD, a Municipal Corpora- tion of the State of California ,"3 /7 tt,6->L.*--- J=3 /*i/kA 'J < &7d&--,-d&-'d ..,-// ( RONALD C. PACKARD, Mayor *- BY x ATTEST: LAKE CALAVERA HILLS ASSOCIATES, a California Partnership BY * - Assistant City Attorney -4- -_ -i -_ --- 15s. STATE OF CALIFORNIA 2 COUNTY OF San Di ego--____-- On Febrla E y said State, personally appeared-RQi-J-S .____. -~- E - m ary 25, 1980 ~, before me, the undersigned, a Notary Public in and for Q .................................. - + ..__-_ - ____ .- +- ~._ S m " .- ~__.__.__ ._ _____ L ~._..___I__ __-_ Q _______- p ._ Q $ + known to me to be one Of-~the partners of the partnership that executed the within instrument and acknowledged to me that such partnership executed the same. . .- U - L S m a L c i WITNESS my hand and official seal. IIiIl!IiiiiiiiIiii.iIIIi~~iI~I~~~~~~~~~!~~~!~ n (7 /p m 0 g E b Signature 4 . 0-' F. /&+ci& -___-. U Carol A. Dodds ____ ____~___ Name (Typed or Printed) (This area for official notarial seal) ?- EXHIBICO RESOLUTION NO. - 6 9 LUCE, FORWARD, HAM~LTON 6, SCRIPPS Emcan A LUCE POST OFFICE Box 789 5..N-OLE4S ,es,-**se 7w 81YM O? L1L ,to WSS7 A 5AS DITGO. UII 1714) 13e 3150 Pi0 Pic0 DRIVE CARLSBAD. CALIFORNIA 92008 r ?won SCIIIPPS.,~. ISOB ,983 LA JOLLk .SO LA JOLLA nw 1200 Prn0,'L &A JOLLI.CILIP In.) 158 (714) 439-5200 WST W'lCE February 6, 1980 Norman L. Vetter, Esq. FEIST, VETTER, KNAUF & LOY P. 0, Box 240 Oceanside, California 92054 - 810 Mission Avenue, Suite 300 Re: Your client: Virginia Rober Tamarack Avenue Extension Acquisition Dear Mr. Vetter: At the Carlsbad City Council meeting of Tuesday, Februar 5, 1980, the City Council considered the request of Lake Calavera Hills Associates for initiation of eminent domain proceedings for the acquisition of the Tamarack Avenue Extensi purscmt to my letter to the City of December 28, 1979, a copy of which was forwzrded to you. The City Council by minute motic- agreed that t5e City will assist in the acquisition of the rqcired rights of way and directed its staff to assist in proce&ings preparatory to eminent domain. to all involved and should be avoided if at all possible, I think you will agree that eminent domain will be cost1 The purpose of this letter is to transmit once again Lake Calavera Eills Associates' proposal for acquisition from your client of the required rights of way for the Tamarack Avence Extensior?, reversible force main and relate6 facilitiez and TJIIZ~~C utili2ies pursuant to the conditions imposed by the Crq- in Calavera Hills Tract No, 76-12 and in the Sewage TreZ:Z%:: Facz-ity Trecise Development Plan, ._ L3 :,? Cals-<?ra 3ills Associates offers to purchase the requizsS rights vay for the sun indicated by the appraisal prepare, cy -&.~~S~SS~I & Brabant, Inc., to wit $214,000. Lake Calav5ra Hills Associates is prepared to pay said sum in cash, or in the f3x. set forth in Mr. Ward's letter to the Kobertsoiis of July 5, 1979, or in such other form as can reasonably be agreed upoil by the parties for your clients' tax or ocher beEefits. -, -- - v_y"-cl - _--- ," -1 . *" .r WPPS m LUCE3 FCtRWARD, HAMILTON & dI Norman L. Vetter, Esq. February 6f 1980 Page 2 Uzlder the circumstances of the many previous contacts thrmci your office regarding this proposal and in view of the Fsbruary 5, 1980 City Council directions to its staff to icitiate proceeding preparatory to eminent domain, it is necessary that we have your clients' reply to this proposal no later than Thursdzyf February 14, 1980. i _- ) /----- ('Very bruly yoursf I !' D; ,'I/- ~ 3 L, /-\ __ i I' i fl i , 1; /' ,- ', . i ,,* 1 Yd, y! i L ,'**.J' * Ronald K. Rouse of LUCE, FORVJARD, HAMILTON & SCRIPPS RWR:rn cc: Dan Hentschke, Esq. Fir, Roy Ward i + 1 2 3 4 5 6 7 8 9 10 '9 0 - RESOLUTION NO. 6095 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND LAKE CALAVERA HILLS ASSOCIATES REGARDING THE ACQUISITION OF CERTAIN EASEMENTS FOR STREET AND OTHER PURPOSES TO BE KNOWN AS THE TAMARACK AVENUE EXTENSION, PROVIDING ACCESS TO CERTAIN SUBDIVISIONS LOCATED WITHIN THE LAKE CALAVERA HILLS MASTER PLAN AREA AND TO SERVE A SEWAGE TREATI/IENT AND RECLAMATION FACILITY AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. The City Council of the City of Carlsbad, California does hereby resolve as follows: 1. That the certain agreement between the City of al I D 12; Y g 13 $03 as 8 Carlsbad and Lake Calavera Hills Associates for acquisition of certain road, sewer and other easements, to be known as 2: w 5 14 g;ZE ' *G>-l k zg 15 kizw 8 d 16 >+ oI 17 l8 19 20 21 22 23 24 25 26 27 8 28 U.;S . g$:$ zp 5 <QU 't 0 k the Tamarack Avenue extension, providing access and certain services to other subdivisions located within the City of Carlsbad, a copy of which is attached hereto as Exhibit A and made a part hereof, is hereby approved. 2. That the Mayor of the City of Carlsbad is authorizec i 1 to execute said agreement for and on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED BY the City Council of the City of Carlsbad, California at a regular meeting held on /// /// /// /// /// /// <- < .. q 1 2 3 4 5 6 7 8 9 10 11 12 g -1:: a 13 0 6 ~2 8 z>:g ~+SL" 15 aG>-1 li * -Ja z~gd 16 "UP2 17 rc y >I- a 65 18 19 20 21 22 23 24 25 26 27 28 ;;US 14 00== I-> .> 0 k e '. i- 9 the 4th day of March , 1980 by the following vote, to wit: AYES: Councilmen Packard, Skotnicki, Anear, Lewis and NOES: None ABSENT: None Councilwoman Cas1 er -.I pJ(E&-k RONALD C. PACKARD, Mayor ATTEST: ALETHA L. FUWTENKRANZ, (SEAL) s- 2.